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You Can’t Do That! Ethics Issues and Concerns in Law Marketing and Solicitation

The legal marketplace is just getting more crowded. Can I market in states where I’m not licensed to practice law? It’s complicated. What Rules of Professional Conduct apply, why, and where? That can be complicated too. This program examines the evolving ethical challenges in legal marketing, advertising, and client outreach, providing attorneys with strategies to guide compliance in an increasingly competitive landscape. Attendees will gain practical insights into state bar regulations, digital marketing risks, and best practices for mitigating disciplinary concerns. With marketing ethics becoming more complex, no law firm — regardless of size or practice area — is immune.

Duration of this webinar: 60 minutes

Originally broadcast: November 18, 2025 11:00 AM PT

Webinar Highlights

This webinar is divided into section summaries, which you can scan for key points and then dive into the sections that interest you the most.

00:00 Introduction

Micah discusses the historical context of legal advertising, referencing the Bates v. Arizona case from 1977. He emphasizes the shift from traditional advertising methods to digital marketing in the legal industry. Micah clarifies that the examples used in the presentation are not indicative of unethical practices.

05:30 Ethical Considerations in Legal Marketing

Micah explores ethical considerations in legal marketing, focusing on advertising restrictions and the creation of attorney-client relationships. He highlights issues of competence, confidentiality, and conflict checks in digital marketing. Micah discusses unauthorized practice of law, multi-state jurisdictional issues, and fee sharing concerns. He notes the influence of management service organizations and alternative business structures on advertising. Micah emphasizes the importance of understanding ABA model rules related to advertising and solicitation.

10:27 Advertising Rules and State Variations

Micah explains the variability in state interpretations of advertising and solicitation rules. He highlights the importance of understanding exceptions to solicitation, such as family members and current clients. Micah discusses recent legislative changes in California and Missouri regarding fee sharing and solicitation. He emphasizes the need for careful targeting in social media advertising to avoid violations. Micah advises on the importance of proper licensing and co-counsel arrangements in advertising.

16:09 Press Releases and Intellectual Property Issues

Micah addresses the complexities of solicitation, including the use of press releases as advertising. He discusses the disqualification of a law firm due to misleading press releases and the implications for advertising. Micah highlights the challenges of enforcement and risk assessment in states with varying levels of oversight. He explores intellectual property issues related to advertising, such as the use of trademarked materials. Micah emphasizes the importance of understanding state-specific rules and the role of competitors in monitoring compliance. He explores recent legislative changes in Texas regarding digital solicitation and media outreach.

27:30 Social Media and Online Reviews

Micah explores the role of social media and online reviews in legal marketing, emphasizing compliance with advertising rules. He discusses the challenges of managing online reviews and the importance of responding appropriately. Micah highlights the significance of ratings, rankings, and reviews in marketing, noting state-specific requirements. He addresses the complexities of keyword purchases and the implications for deceptive practices. Micah emphasizes the importance of understanding state-specific rules for advertising and marketing.

57:20 AI and Future Trends in Legal Marketing

Micah discusses the impact of AI on legal marketing, emphasizing the importance of compliance with professional conduct rules. He highlights the challenges of using AI-generated content and the need for careful oversight. Micah explores record retention policies and the importance of maintaining advertising records. He discusses the distinction between paying for referrals and advertising costs. Micah emphasizes the importance of understanding state-specific disclaimer requirements and ad filing processes.

Please note this AI-generated summary provides a general overview of the webinar but may not capture all details, nuances, or the exact words of the speaker. For complete accuracy, please refer to the original webinar recording.

Speaker

Micah Buchdahl Attorney
HTMLawyers, Inc.

Micah U. Buchdahl is an attorney focused on assisting law firms with business development initiatives. He is past Chair of the American Bar Association’s Standing Committee on Continuing Legal Education and a past chair of the ABA’s Law Practice Division. Based in Moorestown, New Jersey, he is president of HTMLawyers, Inc., a law marketing consultancy. Micah is a member of the Association of Professional Responsibility Lawyers (APRL). Read More ›

Continuing Legal Education (CLE) Credits

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California CLE

Status: Approved

Credits: 1.00 Legal Ethics

Earn Credit Until: June 30, 2026

Illinois CLE

Status: Approved

Credits: 1.00 Professional Responsibility

Earn Credit Until: December 31, 2026

New Jersey CLE

Status: Approved

Credits: 1.20 Ethics/Professionalism

Earn Credit Until: November 17, 2026

North Carolina CLE

Status: Approved

Credits: 1.00 Ethics

Earn Credit Until: February 28, 2026

Ohio CLE

Status: Approved

Credits: 1.00 Attorney Professional Conduct

Earn Credit Until: December 31, 2026

Pennsylvania CLE

Status: Approved

Credits: 1.00 Ethics, Professionalism, or Substance Abuse

Earn Credit Until: December 31, 2027

Texas CLE

Status: Approved

Credits: 1.00 Legal Ethics/Professional Responsibility

Earn Credit Until: October 31, 2026

This presentation is approved for one hour of Legal Ethics CLE credit in California, one hour of Professional Responsibility CLE credit in Illinois, one hour of Ethics CLE credit in North Carolina, one hour of Attorney Professional Conduct CLE credit in Ohio, and one hour of Ethics, Professionalism, or Substance Abuse CLE credit in Pennsylvania. This program has been approved by the Board on Continuing Legal Education of the Supreme Court of New Jersey for 1.20 hours of total CLE credit. Of these, 1.20 qualify as total hours of credit for Ethics/Professionalism. This course has been approved for Minimum Continuing Legal Education credit by the State Bar of Texas Committee on MCLE in the amount of 1.00 credit hours, of which 1.00 credit hours will apply to Legal Ethics/Professional Responsibility credit.

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